Quebec Fishery Regulations, 1990

SOR/90-214

FISHERIES ACT

Quebec Fishery Regulations, 1990

REGULATIONS RESPECTING FISHING IN THE PROVINCE OF QUEBEC

SHORT TITLE

1. These Regulations may be cited as the Quebec Fishery Regulations, 1990.

INTERPRETATION

2. (1) In these Regulations,

"American eel trap" means a trap that

(a) is made of plastic or wire mesh with a minimum mesh size of 2.85 cm, or

(b) is made of netting with a minimum mesh size of 5.7 cm; (cage à anguilles d'Amérique)

"angling" means fishing by means of a line or a rod and line, to which is attached a baited hook or an artificial lure, but does not include fishing by means of a night line; (pêche à la ligne)

"Area" means an area of the Province designated as a fishing area under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1, or a portion of an area of the Province designated as a fishing area under that Act if that portion is described in an order made under section 4 concerning Part I of any of Schedules I to XXV; (zone)

"artificial fly" means one or more hooks dressed with silk, tinsel, wool, fur, feathers or any combination of those or other materials, but does not include a fly that has a spinning or undulating device, or a weight that causes the fly to sink; (mouche artificielle)

"Assistant Deputy Minister" [Repealed, SOR/2001-51, s. 1]

"bait trap" means a fishing device that

(a) has no wings or leaders,

(b) is made of netting or plastic or wire mesh,

(c) is fastened to hoops or frames,

(d) has a maximum length of 60 cm and a maximum width of 25 cm, and

(e) is equipped with funnel-shaped openings, the smallest diameter of which does not exceed 2.5 cm; (bourolle)

"box net" means a fishing device that

(a) has one or more wings or leaders,

(b) terminates in a box-shaped net, and

(c) is used to catch fish without enmeshing them; (filet à réservoir)

"Centre d'étude et de recherche Manicouagan" [Repealed, SOR/2001-51, s. 1]

"Chief of the Wildlife Conservation Service" [Repealed, SOR/2001-51, s. 1]

"common-law partner" in relation to an individual means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait);

"controlled zone" or "Z.E.C." means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (zone d'exploitation contrôlée ou ZEC)

"county" means an electoral district described in the Territorial Division Act of Quebec, R.S.Q., c. D-11; (comté)

"crayfish trap" means a trap that

(a) does not have wings or leaders,

(b) is funnel or box-shaped, and

(c) is made of netting or plastic or wire mesh; (casier à écrevisses)

"Duchesnay Sanctuary" [Repealed, SOR/91-336, s. 1]

"fish trap" means a trap that

(a) does not have any wings or leaders,

(b) is made of netting or plastic or wire mesh,

(c) is fastened on hoops or frames,

(d) is equipped with openings, the largest dimension of which does not exceed 2.5 cm, and

(e) is used to catch fish without enmeshing them; (nasse)

"fly fishing" means angling by means of a rod and line to which are attached artificial flies; (pêche à la mouche)

"hook" means a single-pointed or multiple-pointed hook on a common shaft and includes an artificial lure that has one or more pointed hooks attached as part of it; (hameçon)

"hoop net" means a fishing device that

(a) consists of a series of interconnected conical pockets narrowing at equal distances to a point,

(b) is equipped with one or more leaders or one or more wings,

(c) is made of netting or plastic or wire mesh, and

(d) is fastened to hoops or frames; (verveux)

"Indian" [Repealed, SOR/99-264, s. 1]

"Inuk" [Repealed, SOR/99-264, s. 1]

"Lake Saint-Pierre" [Repealed, SOR/97-203, s. 1]

"Lake Saint-Pierre archipelago" [Repealed, SOR/97-203, s. 1]

"landing net" means a bag-shaped net that is mounted on a frame such that any dimension of the net does not exceed 90 cm; (épuisette)

"large" means, in respect of a salmon, 63 cm or more in length; (grand)

"leader" means a vertical panel that is attached to the front of a fishing net in order to lead fish towards the opening in the net; (guideau)

"length" means

(a) in respect of a sturgeon, the distance measured from the posterior edge of the branchial slit to the posterior joint of the dorsal fin,

(b) in respect of an eel or a yellow perch, the distance measured from the tip of the snout to the tip of the caudal fin, and

(c) in respect of any other fish, the distance measured from the tip of the snout to the fork in the tail; (longueur)

"licence" means a document issued under these Regulations conferring on the holder the privilege to do the things described in the document, subject to the Fisheries Act, these Regulations and the terms and conditions prescribed in the licence; (permis)

"lift net" means a net that

(a) is made of netting or plastic or wire mesh,

(b) is fastened to a frame that is usually square-shaped,

(c) is attached to a rope,

(d) does not exceed 1.3 m in its fully extended length, and

(e) has a maximum mesh size of 2.5 cm; (carrelet)

"mesh size" means

(a) in respect to netting, the distance between the extreme angles of a single mesh measured inside the knots after being stretched to form two parallel straight lines, and

(b) in respect of plastic or wire mesh, the greatest distance across the opening of the mesh; (maillage)

"Minister" means

(a) in respect of the issuing of the commercial fishing licences listed in column I of subitems 1(6) to (20) of Part II of Schedule XXVII, the Quebec Minister of Agriculture, Fisheries and Food, and

(b) in respect of the issuing of the food fishing licence for an aboriginal person referred to in subitem 2(1) of Part II of Schedule XXVII, the Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012; (ministre)

"Ministry" [Repealed, SOR/2001-51, s. 1]

"night line" means a line to which hooks are attached at intervals, but does not include a line used in angling; (ligne dormante)

"park" means an area of the Province so designated under the Parks Act of Quebec, R.S.Q., c. P-9; (parc)

"pound net" means a fishing device that

(a) is equipped with one or more leaders and one or more wings,

(b) is made of netting, plastic or wire mesh or fascines, and

(c) is used to catch fish without enmeshing them; (trappe)

"Province" means the Province of Quebec; (province)

"provincial legislation" means the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1, the Act respecting Commercial Fisheries and Aquaculture of Quebec, R.S.Q., c. P-9.01, or the Parks Act of Quebec, R.S.Q., c. P-9, and includes any regulations made under those Acts; (législation provinciale)

"Regional Director" [Repealed, SOR/2001-51, s. 1]

"resident" has the same meaning as in the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (résident)

"Saint-François Bay" [Repealed, SOR/97-203, s. 1]

"salmon pool" means a place in a salmon river identified as a salmon pool by means of posted notices; (fosse à saumons)

"salmon river" means a river, or a part of a river, that is set out in Part IV of any of Schedules I, II, III, XV, XVIII to XXI, XXIII and XXIV; (rivière à saumons)

"seine" means a net that hangs vertically in the water with floats attached at the top and weights attached at the bottom, the ends of which are brought together or hauled to catch fish without enmeshing them; (seine)

"size" means, in relation to the hook of an artificial fly, the size of the hook as calibrated according to the Redditch Scale for salmon flies; (taille)

"small" means, in respect of a salmon, less than 63 cm in length; (petit)

"Société" means the Société de la faune et des parcs du Québec, created under section 1 of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012. (Société)

"spouse" [Repealed, SOR/95-496, s. 1]

"tailer" means a device that consists of a snare attached to the end of a handle that ensnares fish by gripping them around the tail; (serre-queue)

"tidal waters" means

(a) those parts of the Gulf of St. Lawrence and the Baie des Chaleurs between the coastline of Quebec and an imaginary line commencing at the terminus of the Labrador-Quebec boundary in the Gulf of St. Lawrence, thence along a rhumb-line to a point at Latitude 49°25'N., Longitude 60°00'W.; thence along a rhumb-line to a point at Latitude 47°02'18"N., Longitude 60°45'W.; thence along a rhumb-line to a point at Latitude 47°08'25"N., Longitude 64°01'10"W.; thence due north to a point at Latitude 48°12'15"N., Longitude 64°02'10"W.; thence following the Quebec-New Brunswick boundary in the Baie des Chaleurs to the Campbellton Bridge,

(b) that part of the St. Lawrence River downstream from an imaginary line drawn from a point at Latitude 47°01'57"N., Longitude 70°48'40"W. (Pointe-aux-Prêtres) to a point at Latitude 46°56'06"N., Longitude 70°44'11"W. (Berthier-sur-Mer),

(c) that part of the Saguenay River downstream from the Dubuc Bridge at Chicoutimi, and

(d) that part of the York River downstream from the Gaspé Bridge; (eaux à marée)

"trammel net" means a weighted net made of a series of three juxtaposed pieces of webbing with the centre web having a smaller mesh size than the side webs; (filet-trémail)

"trap net" means a fishing device that

(a) has one or more wings or leaders,

(b) terminates in a bag-shaped net,

(c) is attached to a stake,

(d) floats with the tide, and

(e) catches fish without enmeshing them; (filet à poche)

"wildlife reserve" means a park, wildlife sanctuary or controlled zone established under provincial legislation; (territoire faunique)

"wildlife sanctuary" means an area of the Province so designated under the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1; (réserve faunique)

"wing" means a vertical panel made of wire mesh or netting, attached to one or both sides of fishing gear and used to lead fish towards the fishing gear or to catch fish. (aile)

(2) A reference in these Regulations to a species or group of species of fish by its common name as set out in column I of an item of Schedule XXVI shall be construed as a reference to the species or group of species of fish whose scientific name is set out in column II of that item.

(3) Where a period is set out in these Regulations, the period

(a) unless otherwise specified, begins at 00:01 h on the first day set out and ends at 24:00 h on the last day set out; and

(b) begins and ends in the same calendar year, except that where it is stated to end on a day in a month that occurs earlier in the calendar year than the month in which it begins, the period begins in one calendar year and ends in the next calendar year.

(4) For the purposes of these Regulations, the weight of fish

(a) that have only their entrails removed shall be deemed to be the weight of the remaining fish plus one quarter of that weight;

(b) that have only their entrails and head removed shall be deemed to be the weight of the remaining fish plus two thirds of that weight; and

(c) that are filleted shall be deemed to be the weight of the fillets plus two and one-half times that weight. SOR/91-336, s. 1; SOR/93-118, ss. 1, 24; SOR/94-392, s. 1; SOR/95-496, s. 1; SOR/97-203, s. 1; SOR/98-218, s. 1; SOR/99-264, s. 1; SOR/2001-51, s. 1; SOR/2001-438, s. 1; SOR/2003-176, s. 1.

APPLICATION

3. (1) Subject to subsections (2) and (3), these Regulations apply in respect of the management and control of fishing for freshwater fish and anadromous and catadromous species of fish in the waters of the Province and in tidal waters.

(2) These Regulations do not apply in respect of fishing

(a) in the waters of a national park of Canada; or

(b) in any waters or facilities of a fish-breeding plant, a fishing pond, a breeding pond or a fish-tank for baitfish within the meaning of the Act respecting the Conservation and Development of Wildlife of Quebec, R.S.Q., c. C-61.1.

(3) The fishing restrictions established by these Regulations do not apply to employees of the Société while performing their duties.

(4) Sections 7 to 12, 14 and 16 to 18 do not apply to a licence set out in column I of item 2 of Part II of Schedule XXVII.

(5) Except for this section and section 2, subsections 4(3) and (4) and sections 5, 10 and 23, these Regulations do not apply with respect to fishing and related activities carried out under the authority of a licence issued under the Aboriginal Communal Fishing Licences Regulations. SOR/95-496, s. 2; SOR/99-264, s. 2; SOR/2001-51, s. 2; SOR/2002-225, s. 7.

PART I
GENERAL

Variation of Close Times, Fishing Quotas and Limits

4. (1) The Société may vary close times, fishing quotas or limits on the size or weight of fish applicable to sport fishing that are fixed in respect of an area under these Regulations so that the variation applies in respect of that area or any portion of that area.

(2) The Société may vary any close time applicable to commercial fishing under these Regulations in respect of the waters referred to in subsection 3(1) or to any portion of them.

(3) The Minister designated by the government of Quebec as the Minister responsible for the application of the Act respecting the Société de la faune et des parcs du Québec, R.S.Q. c. S-11.012, may vary any close time fixed by the Aboriginal Communal Fishing Licences Regulations in respect of species of fish or waters referred to in subsection 3(1) so that the variation applies to all of the waters or to any portion of them.

(4) The authorized person making a variation under subsection (1), (2) or (3), shall give notice of it to the persons affected or likely to be affected by it using one or more of the following methods:

(a) broadcasting the notice over a radio or television station that broadcasts in the area or in the vicinity of the area affected by the variation;

(b) posting the notice in the area or in the vicinity of the area affected by the variation;

(c) having a fishery officer, a fishery guardian or a representative of the Société give oral notice of the variation to those persons;

(d) transmitting the notice by electronic means to those persons;

(e) publishing the notice in a newspaper that is circulated in the vicinity of the area affected by the variation;

(f) publishing the notice in the Gazette officielle du Québec; and

(g) publishing the notice in a newsletter or guide that deals with sport fishing or commercial fishing in Quebec, published by the Société or by the Quebec Ministry of Agriculture, Fisheries and Food. SOR/91-391, s. 1; SOR/94-392, s. 2; SOR/95-496, s. 3; SOR/98-218, s. 2; SOR/2001-51, s. 3; SOR/2003-176, s. 2.

General Prohibition

5. (1) Subject to subsection (2), no person shall fish unless the person

(a) is the holder of the appropriate type of licence set out in column I of an item of Schedule XXVII and fishes in accordance with the terms and conditions of that licence; or

(b) is the holder of a licence issued in accordance with the Aboriginal Communal Fishing Licences Regulations and fishes in accordance with the conditions of that licence.

(2) A person may fish without a licence where the person is

(a) a resident engaged in sport fishing for Atlantic tomcod or smelt in the St. Lawrence River and its tributaries downstream from the Laviolette Bridge (Trois-Rivières Bridge);

(b) a resident engaged in sport fishing, for species other than anadromous Atlantic salmon, in Area 21 or in that part of any river in Area 1 that is situated downstream from Highway 132, except for the trunk part between Sainte-Flavie and Matapédia;

(c) a resident engaged in sport fishing on the days and in the waters designated by the Société for the purposes of promoting this activity;

(c.1) under 18 years of age and

(i) is the child of the holder of a licence referred to in Part I of Schedule XXVII,

(ii) is the child of the spouse or common-law partner of the holder of a licence referred to in items 1 or 3 of Part I of Schedule XXVII,

(iii) fishes under the supervision of a person, 18 years of age or over, who is the holder of a licence referred to in Part I of Schedule XXVII, or

(iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(c.2) between 18 and 24 years of age, holds a valid student card and,

(i) is the child of the holder of a licence referred to in Part I of Schedule XXVII,

(ii) is the child of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII,

(iii) fishes under the supervision of a person, 18 years of age or over, who is the holder of a licence referred to in Part I of Schedule XXVII, or

(iv) fishes under the supervision of the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(d) the spouse or common-law partner of the holder of a licence referred to in item 1 or 3 of Part I of Schedule XXVII;

(e) a resident engaged in sport fishing for freshwater shellfish or freshwater crustaceans;

(f) engaged in sport fishing in the waters of Area 25, in Clarice (Montbray Township), Labyrinthe (Dasserat Township) or Raven (Dufay Township) lakes or in the waters of that part of Lake Saint-François located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore, and holds, and fishes in accordance with the terms and conditions of, a licence issued by the Province of Ontario for sport fishing;

(g) engaged in angling in the boundary waters of the Ristigouche and Patapédia salmon rivers and holds, and fishes in accordance with the terms and conditions of, a licence issued by the Province of New Brunswick for sport fishing; or

(h) a resident under 18 years of age who is engaged in sport fishing, for species other than anadromous Atlantic salmon, and who is in possession of a certificate attesting to the resident's participation in the program "Pêche en herbe" of the Quebec Wildlife Foundation.

(3) If a person referred to in paragraph (2)(c) catches an anadromous Atlantic salmon, that person shall immediately unhook and release the fish into the waters from which it was caught.

(4) The persons referred to in paragraphs (2)(c.1), (c.2) and (d) are subject to the conditions of the applicable licence. SOR/93-118, ss. 2, 25(F); SOR/94-392, s. 3; SOR/95-496, s. 4; SOR/97-203, s. 2; SOR/98-218, s. 3; SOR/99-264, s. 3; SOR/2001-51, s. 4; SOR/2003-176, s. 3.

Restricted Waters

6. No person other than an Indian as defined in the Indian Act shall fish in any part of the Betsiamites River set out in item 2 of Part IV of Schedule XVIII. SOR/2001-438, s. 2.

7. (1) Subject to subsection (2), no person shall fish for sucker, non-anadromous whitefish, sturgeon, mooneye, goldeye or burbot in Area 22, 23 or 24.

(2) A person may fish in the areas and for the species referred to in subsection (1) where the person is

(a) a beneficiary under section 10 of the Act respecting hunting and fishing rights in the James Bay and New Quebec territories of Quebec, R.S.Q., c. D-13.1; or

(b) a resident of a part of the Northeastern Quebec region lying below the 55th parallel as demarcated in Schedule 4 of that Act, who is engaged in sport fishing by angling in that part.

Fishing Method Restrictions

8. No person shall fish by means of a hook or hooks used in such a manner as to pierce or hook a fish in any part of the body other than the mouth. SOR/93-118, s. 3(F).

9. No person shall fish, otherwise than by means of angling, anywhere that is less than 500 m downstream from any point on the mouth of a salmon river set out in column I of Part IV of Schedule XVIII, XIX or XX, or on a salmon river on the north shore of the St. Lawrence River or the Gulf of St. Lawrence set out in column I of Part IV of Schedule XXI. SOR/93-118, s. 4; SOR/99-264, s. 5.

10. No person shall

(a) adjust or attempt to adjust the flow of a dam for the purpose of fishing or to facilitate fishing; or

(b) deposit or install, in any water or on its bed, any material in order to divert or slow a water current or divert, slow or halt the movement of fish for the purpose of fishing or to facilitate fishing.

Fishing Gear Restrictions

11. No person shall have in the person's possession a net, hoop net or night line unless

(a) the person holds the appropriate licence set out in Schedule XXVII;

(b) the person is licensed under provincial legislation to operate a fishing pond or facilities for breeding fish or keeping bait fish; or

(c) the net, hoop net or night line is kept in a building or in a vehicle other than a boat. SOR/91-391, s. 2.

12. (1) Subject to subsection (2), no person shall have in the person's possession any fishing gear within 100 m of any water where the use of that gear is prohibited under these Regulations.

(2) Subsection (1) does not apply in respect of fishing gear that is kept in a building or in a vehicle other than a boat. SOR/91-391, s. 3.

Fish Tagging Requirements

13. (1) If a person catches and retains a fish and the person is required, under the terms of the person's licence, to tag the fish, the person shall immediately affix to it, in the manner set out in the licence, a valid tag issued with the person's licence.

(2) Subject to subsection (3), every person who catches and retains an anadromous Atlantic salmon shall immediately affix to it a valid tag issued with the person's licence, by passing the tag through the gills and mouth of the fish or, if that is impractical, through the caudal peduncle in such a manner as to encircle the spinal column, and by securely locking the tag.

(3) An anadromous Atlantic salmon that is caught and retained in a wildlife reserve, in the Gouffre River or in the Ouelle River shall be tagged, by the person who hooked it, with a valid tag issued with that person's licence.

(4) For the purposes of subsections (1) to (3), a tag is valid if

(a) it has not been used or modified in any way; or

(b) it can be attached, in accordance with the licence conditions, to the fish that has been caught and retained.

(5) Except in the circumstances described in subsection (7), no person shall possess a fish that was caught and retained under a licence that requires the fish to be tagged, and no person shall possess an anadromous Atlantic salmon, unless the fish or salmon is tagged in accordance with subsection (1), (2) or (3), as applicable.

(6) Except in the circumstances described in subsection (7), no person shall possess

(a) an anadromous Atlantic salmon that came from another province or country, or a sturgeon that came from another province or country and that was caught in accordance with a commercial fishing licence, unless,

(i) it is tagged in accordance with the laws of that province or country,

(ii) a tag of a type approved by the Société has been affixed to it in the manner described in subsection (2), or

(iii) it is being transported through the province to another province or another country;

(b) an anadromous Atlantic salmon that was obtained from the Société unless a tag of a type approved by the Société has been affixed to it in the manner described in subsection (2).

(c) [Repealed, SOR/2001-51, s. 5]

(7) No person shall remove a tag that is affixed in accordance with this section except at the time the fish is prepared for human consumption. SOR/93-118, s. 5; SOR/95-496, s. 5; SOR/97-203, s. 3; SOR/99-264, s. 6; SOR/2001-51, s. 5; SOR/2001-438, s. 3(E); SOR/2003-176, s. 4.

Salmon Length Limit

14. No person shall have in the person's possession an anadromous Atlantic salmon that is less than 30 cm in length.

Use and Possession of Fish for Bait

15. (1) Subject to subsections (2) to (4), no person shall use for bait or have in the person's possession for use as bait any fish.

(2) A person may have in the person's possession, and use for bait, live fish other than fish of a species set out in Schedule XXVIII, in areas 8, 21 and 25, in the part of Area 7 lying on or between Highways 132 and 138 and in the part of Area 13 comprising the waters of the Ottawa River between Lake Timiskaming and the Première Chute dam located upstream at the point 47°36'N., 79°27'W.

(2.1) A person may have in the person's possession and use for bait the following dead fish:

(a) fish, other than fish of a species set out in Schedule XXVIII, in

(i) Areas 5, 7, 8, 9, 11, 12, 14, 16, 21 and 25,

(ii) Area 4, except "à la Truite" Lake (Ham-Sud),

(iii) Area 6, except Little Lake Baldwin and Hatley and Cristal Lakes,

(iv) Area 10, except Papineau-Labelle Wildlife Sanctuary, and

(v) Area 13, except the Restigo controlled zone from April 16 to November 30 and except Dumoine and Maganasipi controlled zones and Aiguebelle Park; and

(vi) [Repealed, SOR/99-264, s. 7]

(b) to (d) [Repealed, SOR/97-203, s. 4]

(e) shrimp

(i) from December 20 to March 31, to fish for smelt in the waters set out in Part IV of Schedule I, and

(ii) when fishing for Atlantic tomcod is permitted in that part of the Sainte-Anne River that is situated between the downstream side of the highway 138 bridge and the downstream side of the highway 363 bridge.

(3) A person may have dead fish, other than fish of a species set out in Schedule XXVIII, in the person's possession on the waters of Area 7 or 21 or in the portions of Areas 1, 2, 3, 15, 18 and 19 lying on any of Highways 20, 40, 132 (except for the trunk part of Highway 132 between Sainte-Flavie and Matapédia) and 138, or lying between one of those highways and the waters of Area 7 or 21, for use as bait in those waters.

(4) A person may have dead smelt in their possession from December 1 to April 24, in Areas 17 and 18, and may use the dead smelt as bait

(a) in the waters of Area 17 during that period; and

(b) in the waters of Area 18 referred to in the table to this subsection, from December 1 to April 15.

TABLE

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SOR/93-118, s. 6; SOR/94-392, s. 4; SOR/95-496, s. 6; SOR/97-203, s. 4; SOR/98-218, s. 4; SOR/99-264, s. 7; SOR/2001-51, s. 6.

15.1 [Repealed, SOR/95-496, s. 7]

Release of Fish

16. Every person who catches a fish

(a) at a time or place where fishing for that fish is prohibited,

(b) by a method or with fishing gear the use of which is prohibited for that fish,

(c) the possession or retention of which is prohibited,

(d) that is an anadromous Atlantic salmon, and that is hooked or pierced in any part of the body other than the mouth,

(e) under the licence referred to in column I of paragraph 1(d) or (h) of Part I of Schedule XXVII, or

(f) in the case of an anadromous Atlantic salmon, under the licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII,

shall without delay return the fish to the waters in which it was caught and, if the fish is alive, release it in a manner that causes the least harm to the fish. SOR/93-118, s. 8; SOR/2003-176, s. 5; SOR/2004-64, s. 1(E).

Spoilage of Fish

17. No person who catches and retains a fish suitable for human consumption shall let the fish spoil.

Shipment of Fish

18. (1) Subject to subsection (2), if the sale of fish of a species is prohibited by provincial legislation, no person shall ship out of the Province any fish of that species that is caught by sport fishing.

(2) A person may take out of the Province fish that the person has caught or been given. SOR/95-496, s. 8; SOR/99-264, s. 8.

PART II
LICENSING

Issue of Licences and Tags

19. The Minister or the Société, may issue a licence referred to in column I of an item of Part I or Part II of Schedule XXVII on receipt of an application and payment of the applicable fee set out in column II of that item. SOR/93-118, s. 9; SOR/2001-51, s. 7; SOR/2003-176, s. 6.

20. [Repealed, SOR/99-264, s. 9]

Terms and Conditions of Licence

21. (1) For the proper management and control of fisheries, the Minister or the Société, as the case may be, may specify in a licence any term or condition concerning one or more of the following matters:

(a) the species and quantity of fish that are permitted to be taken or transported;

(b) the age, sex, stage of development, length and weight of fish that are permitted to be taken or transported;

(c) the waters in which fishing is permitted;

(d) the period during which fishing is permitted or fish may be transported;

(e) the locations from or to which fish may be transported;

(f) the fishing vessels from which or to which fish may be transhipped;

(g) the fishing vessel permitted to be used, and the person or persons permitted to operate it;

(h) the size, type and quantity of fishing gear and equipment permitted and the manner in which they are to be used;

(i) the location where fishing gear may be installed;

(j) the distance required to be kept between fishing gear;

(k) the manner in which the fishing gear or fishing vessels shall be identified;

(l) the place and the time at which fish may be removed from a fishing vessel;

(m) the method whereby the fish may be unloaded from a fishing vessel and the method of determining their length or weight;

(n) the registers that a licence holder must keep of fishing activities undertaken under the licence or the sale or transportation of fish taken under the licence, as well as the way in which the registers shall be kept, their form, the frequency with which and the person to whom they shall be presented, and the period for which they must be retained;

(o) the identification and tagging of fish to determine its origin, its length or its weight, and the way in which the tags issued with the licence are to be recovered;

(p) the registration of the fish caught or transported; and

(q) the separation, on board the fishing vessel, of fish according to species.

(2) For the proper management and control of fisheries, the Minister or the Société, as the case may be, may specify in a licence set out in column I of subitem 2(1) or (2) of Part II of Schedule XXVII any term or condition concerning one or more of the following matters:

(a) the persons authorized to fish under the authority of the licence;

(b) the manner in which fish caught for scientific, educational or management purposes shall be kept, released, displayed, used, transported or disposed of; and

(c) the manner in which scientific, educational, management and other data collected are to be reported.

(3) For the purposes of the conservation and protection of fish, the Minister or the Société, as the case may be, may amend any conditions of a licence.

(4) A notice of any amendment referred to in subsection (3) shall be

(a) sent to the licence holder by registered mail; or

(b) personally delivered to the licence holder by a fishery officer.

(5) An amendment referred to in subsection (3) is effective from the time the licence holder receives the notice referred to in subsection (4).

(6) A notice referred to in subsection (4) forms part of the licence to which it relates, and the licence holder shall, on receipt of the notice, attach it to the licence. SOR/94-392, s. 5; SOR/99-264, s. 10; SOR/2001-51, s. 8; SOR/2001-438, s. 4.

22. (1) Subject to subsection (2), every person, while engaged in fishing, shall have in their possession and, on the request of a fishery officer or fishery guardian, shall immediately produce, as the case may be,

(a) their licence or their valid commercial fisher's identification certificate, if applicable, issued under subsection 49(2);

(b) their valid student card and the licence of the person under which they are fishing, if they are fishing pursuant to subparagraphs 5(2)(c.2)(i) or (ii); or

(c) the licence of the person under which they are fishing, if they are fishing pursuant to paragraph 5(2)(d).

(2) If a person who is a resident does not have a document required under subsection (1) in their possession, the person shall produce the document to a fishery officer or fishery guardian within seven days after the date of the request. SOR/95-496, s. 9; SOR/98-218, s. 5; SOR/99-264, s. 11; SOR/2001-51, s. 9; SOR/2003-176, s. 7.

23. (1) Subject to subsections (2) and (3), a licence expires on March 31 following the date of issue unless otherwise provided in the licence.

(2) A licence referred to in column I of paragraph 2(a), (b), (d) or (e) of Part I of Schedule XXVII expires on the earliest of

(a) the date on which the holder no longer possesses a valid tag issued with the licence,

(b) the date on which the anadromous Atlantic salmon fishing period comes to an end, and

(c) the date referred to in subsection (1).

(3) A licence referred to in column I of paragraph 2(c) or (f) of Part I of Schedule XXVII expires when the anadromous Atlantic salmon fishing period comes to an end. SOR/97-203, s. 6; SOR/2003-176, s. 7; SOR/2004-64, s. 2.

24. No person shall buy or have

(a) for the same year, more than one licence set out in column I of paragraph 2(a) or (d) of Part I of Schedule XXVII;

(b) if the person has already bought or already has a licence set out in column I of paragraph 2(a) or (d) of Part I of Schedule XXVII for a year, a licence set out in column I of paragraph 2(b) or (e) of Part I of that Schedule for the same year;

(c) for the same day, more than one licence set out in column I of paragraph 2(b) or (e) of Part I of Schedule XXVII; or

(d) a licence set out in column I of paragraph 2(b) or (e) of Part I of Schedule XXVII if the person has already caught and retained in the year a number of anadromous Atlantic salmon equal to the quota set out in section 36. SOR/97-203, s. 7.

25. (1) A licence is invalid where it

(a) is issued based on a false declaration;

(b) contains false or misleading information;

(c) is altered in any way;

(d) does not bear the signature of its holder; or

(e) does not contain the information for which space is provided on the licence. SOR/97-203, s. 8; SOR/2003-176, s. 8.

(2) [Repealed, SOR/2003-176, s. 8]

25.1 (1) The licences referred to in item 1 of Part I of Schedule XXVII are not valid in salmon rivers during the anadromous Atlantic salmon fishing periods except in the following waters:

(a) those waters referred to in column I of subitem 1(6) of Part IV of Schedule XV that are between the Bird Dam at Pont-Rouge (46°44'55"N., 71°42'40"W.) and the bridge situated at the south entrance of the Valcartier military base (46°54'01"N., 71°31'41"W.); and

(b) those waters referred to in column I of subitem 28(1.1) of Part IV of Schedule XIX.

(2) The licences referred to in item 2 of Part I of Schedule XXVII are also valid for fishing for species other than anadromous Atlantic salmon in salmon rivers during the anadromous Atlantic salmon fishing periods. SOR/2001-438, s. 5; SOR/2004-64, s. 3(E).

PART III
SPORT FISHING

Application

26. This Part applies in respect of sport fishing. SOR/99-264, s. 12.

Fishing Method Restrictions

27. (1) Subject to subsections (2) to (5) and sections 28, 29, 31, 42, 43 and 45, no person shall engage in sport fishing other than by angling or by using a bow and arrow or a crossbow.

(2) Subsection (1) does not apply in respect of fishing for freshwater shellfish and freshwater crustaceans.

(3) Subject to subsection (4), a person who is swimming may engage in sport fishing by means of a spear for any species of fish other than those referred to in section 28.

(4) No person who is swimming shall engage in sport fishing by means of a spear in the following waters:

(a) Saint-François River

(i) that part between Lake Saint-François and Aylmer Lake (45°54'N., 71°40'W.), Stratford and Price townships, and

(ii) that part between the Saint-Gérard bridge and the first narrows downstream (45°46'N., 71°25'W.), Weedon Township;

(b) du Lièvre River

(i) that part between the des Cèdres dam, at Notre-Dame-du Laus, and the high-voltage power line crossing the du Lièvre River downstream from des Cèdres Brook, and that part of des Cèdres Brook between the point where it empties into the du Lièvre River and the high-voltage power line crossing des Cèdres Brook situated approximately 300 m from its mouth (46°05'50"N., 75°37'00"W.), Bigelow and Wells townships,

(ii) that part between a line perpendicular to the east bank, situated 50 m upstream from the mouth of Serpent Brook, in the municipality of Notre-Dame-du-Laus, and a point 100 m downstream from the point where the du Lièvre River empties into des Iroquois Lake, and Serpent Brook between the point where it empties into the du Lièvre River and the pillars of the old bridge situated approximately 300 m upstream from that point (46°05'05"N., 75°36'00"W.), Bigelow and Wells townships, and

(iii) that part between the McLaren dam, south of High Falls, and a point situated 2 km downstream from that dam (45°49'50"N., 75°38'10"W.), Bowman and Portland townships; or

(c) waters in Areas 17 and 22 to 24.

(5) No person shall engage in sport fishing by using a bow and arrow or a crossbow in the waters of Areas 17 and 22 to 24. SOR/93-118, s. 10; SOR/98-218, s. 6; SOR/99-264, s. 13.

28. No person shall engage in sport fishing, other than by angling, for

(a) anadromous Atlantic salmon and ouananiche;

(b) muskellunge;

(c) lake trout; or

(d) sturgeon. SOR/93-118, s. 11.

29. (1) The holder of a licence referred to in column I of item 1 of Part I of Schedule XXVII, or any person fishing under the authority of a licence referred to in that column of that item, may fish for bait fish, by means of not more than one lift net or not more than three bait traps, in waters where the use of bait fish is permitted.

(2) For the purpose of subsection (1), the holder of the licence and any person fishing under the authority of the licence shall not use more than one lift net or more than three bait traps at any one time.

(3) No person shall use a bait trap referred to in subsection (1) that is not under the person's immediate supervision unless the name, address and licence number of the licence holder are on the trap. SOR/93-118, s. 12; SOR/99-264, s. 14; SOR/2003-176, s. 9(F).

30. (1) Subject to subsection (2), no person shall, while angling, use

(a) more than one line;

(b) a line that is not closely and constantly attended by the person;

(c) a line that is equipped with more than three hooks, except when fishing for smelt in Area 21 or when fishing for any species of fish in Area 25, in that part of the waters of Lake Saint-François located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore or in any salmon rivers in Area 23 or 24;

(d) a line that is equipped with more than four hooks in Area 25 or in that part of the waters of Lake Saint-François located west of a line drawn from Beaudette Point on the north shore to Saint-Louis Point on the south shore; or

(e) a line with more than one single, double or triple hook or an artificial lure with more than one single, double or triple hook in any salmon river in Area 23 or 24.

(2) A person described in paragraph 5(2)(b) or (f) or the holder of a licence referred to in column I of item 1 of Part I of Schedule XXVII may use, in the waters set out in column I of an item of the table to this section, the number of lines set out in column II of that item during the period set out in column III of that item.

(3) For the purposes of subsection (2), every line used by a person referred to in paragraph 5(2)(c.1), (c.2) or (d) is considered to be used by the holder of the licence.

(4) No person shall engage in angling and in fly fishing simultaneously.

TABLE

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SOR/94-392, s. 6; SOR/95-496, ss. 10 to 12; SOR/97-203, s. 9; SOR/99-264, s. 15; SOR/2001-51, s. 10; SOR/2003-176, s. 10; SOR/2004-64, s. 4.

31. (1) No person shall fish other than by fly fishing in the waters referred to in Part V of Schedules I to XXV.

(2) No person who is engaged in sport fishing in the waters set out in column I of an item of Part IV of any of Schedules I, II, III, XV, XVIII to XXI, XXIII and XXIV shall fish for a species of fish set out in column II of that item with fishing gear other than that set out in column IV of that item.

(3) Except as set out in column IV of Part IV of any of Schedules I, II, III, XV, XVIII to XXI, XXIII and XXIV, no person shall engage in fly fishing by means of an artificial fly that is

(a) attached to a weighted core line;

(b) baited; or

(c) equipped with

(i) a hook greater than size 5/0, in the case of one single-hook,

(ii) a hook greater than size 2/0, in the case of a double-hook or a combination of two single-hooks,

(iii) a hook greater than size 6, in the case of a treble-hook, a combination of a double-hook and a single-hook or a combination of three single-hooks, or

(iv) a hook or combination of hooks that has more than three points on which a fish may be caught.

(4) No person who is engaged in fly fishing in a salmon river shall use

(a) more than one artificial fly when salmon fishing is authorized in that river; and

(b) more than three artificial flies when salmon fishing is prohibited in that river. SOR/93-118, s. 13; SOR/94-392, s. 7; SOR/99-264, s. 16.

32. Subject to sections 29 and 43 to 45, no person who is engaged in sport fishing shall, for the purpose of landing a fish, use

(a) any net other than a landing net;

(b) a tailer that exceeds 2 m in length;

(c) a spring gaff; or

(d) in the case of anadromous Atlantic salmon, any gaff.

Fishing Location Restrictions

33. (1) No person shall engage in sport fishing from

(a) a bridge crossing a salmon river or an estuary thereof; or

(b) a motor boat in the waters of Saint-Jean River Wildlife Sanctuary or in that part of Matapédia-and-Patapédia-Rivers Wildlife Sanctuary between Causapscal River and the falls downstream from the Richard Salmon Pool situated near the boundary between Bonaventure and Matapédia counties.

(2) No person shall engage in sport fishing from a boat or from any other floating apparatus in the waters of the Sainte-Anne River wildlife sanctuary or of the Cap-Chat River, Dartmouth River, Matane River or Petit-Saguenay River controlled zones. SOR/93-118, s. 14; SOR/94-392, s. 8; SOR/2001-51, s. 11.

Close Times

34. (1) Subject to subsection (2) and sections 42 to 45, no person shall fish for or catch and retain a fish of a species set out in an item of Parts I to VI of Schedules I to XXV in the waters set out for that item during the close time set out for that item.

(2) Subject to subsection (3), no person shall fish in any salmon river during the period beginning one hour after sunset on any day and ending one hour before sunrise on the following day.

(3) A person may fish, from December 1 to the Thursday preceding the fourth Friday in April, during the hours referred to in subsection (2), in any part of a salmon river in which smelt fishing is permitted. SOR/91-141, s. 1; SOR/2001-51, s. 12.

Fishing Quotas

35. (1) Subject to subsections (2) and (3), 43(2) and 45(2), no person shall catch and retain in any one day, from the waters set out in an item of Schedules I to XXV, more fish of a species set out in that item than the fishing quota set out in that item.

(2) No person shall, in any one day,

(a) subject to section 36, catch and retain more anadromous Atlantic salmon from a salmon river set out in an item of Part IV of any of Schedules I to XXV than the highest daily fishing quota set out in that item; or

(b) if column III of an item of Part IV of one of those schedules applies in respect of catching and releasing, catch and release more anadromous Atlantic salmon from a salmon river set out in that item than the highest daily fishing quota set out in that item.

(3) No person shall catch and retain in any one day more than

(a) 30 black crappie;

(b) 50 yellow perch;

(c) except in the waters referred to in paragraph (d) or (e), 120 smelt;

(d) 60 smelt in the internal waters of the Magdalen Islands; and

(e) 500 smelt in the waters referred to in paragraphs 1(f), (g) and (i) of Schedule XXIX.

(4) For the purposes of subsections (1) to (3), fish caught and retained by a person referred to in paragraph 5(2)(c.1), (c.2) or (d) shall be counted as fish caught by the holder of the licence.

(5) For the purposes of subsections (1) to (3), fish caught and retained or, in the case of anadromous Atlantic salmon, caught and released, in waters adjacent to waters set out in an item of Schedules I to XXV shall be counted as fish caught and retained, or caught and released, in the waters set out in that item. SOR/91-141, s. 2; SOR/91-336, s. 2; SOR/93-118, s. 15; SOR/94-392, s. 9; SOR/97-203, s. 10; SOR/98-218, s. 7; SOR/99-264, s. 17; SOR/2001-51, s. 13; SOR/2003-176, s. 11.

36. No person shall catch and retain in any year more than seven anadromous Atlantic salmon. SOR/99-264, s. 18.

37. (1) Subject to subsection (2), no person shall, during a day, continue to fish a species of fish in waters set out in Schedules I to XXV after the person has, during the same day, caught and retained, in a body of water, the number of fish corresponding to the daily fishing quota stipulated for that species in respect of that body of water, unless the fishing continues in another body of water where the daily fishing quota stipulated for that species is higher.

(2) No person shall, during a day, continue to fish in any salmon river set out in an item of Part IV of Schedule I, II, III, XV, XVIII or XXI after the person has, during the same day, caught and retained or, if column III of an item of that Part applies in respect of catching and releasing, caught and released, in one or more sectors of those salmon rivers described in column I of that Part, the highest daily fishing quota of anadromous Atlantic salmon set out in column III of that Part for those salmon rivers. SOR/93-118, s. 16; SOR/97-203, s. 11; SOR/98-218, s. 8; SOR/99-264, s. 19.

Possession Restrictions

38. No person shall have in the person's possession, other than at the person's permanent residence, any fish taken by sport fishing that are skinned, cut or packed in such a manner that

(a) the species cannot be readily identified;

(b) the number of fish cannot be readily counted; or

(c) the length of fish cannot be readily measured where a length limit is applicable.

38.1 Section 38 does not apply to prohibit the possession of the equivalent in fillets of a pickerel, measuring 30 cm or more in length, taken from the waters referred to subparagraph 40(d)(ii), if the two fillets measure 20 cm or more in length with the skin adhering completely to the flesh. SOR/99-264, s. 20.

39. (1) Subject to subsection (3), no person shall have in the person's possession

(a) in the waters in which the person is engaged in sport fishing, more fish of any species than the daily quota set out for that species in any part of Schedules I to XXV for the waters in which the person is fishing;

(b) in a wildlife reserve, more fish taken by sport fishing than the daily quota for that species set out in Part II of Schedules I to XXV for that wildlife reserve; or

(c) in any place, for species of fish other than anadromous Atlantic salmon,

(i) subject to subsection (2), more fish taken by sport fishing from all the waters set out in Parts I to VI of Schedules I to XXV for an Area, than the daily fishing quota for that species set out in Part I of Schedules I to XXV for that Area; or

(ii) more fish taken by sport fishing than the greatest daily fishing quota for that species set out in any part of Schedules I to XXV.

(2) A person may possess more lake trout taken by sport fishing from an Area than the daily fishing quota for that species set out in Part I of Schedules I to XXV for that Area where

(a) the lake trout in excess of that quota are taken from waters set out in Part VI of Schedules I to XXV for that Area; and

(b) the total number of lake trout possessed by that person and taken from waters in that Area does not exceed the greatest daily quota for the waters set out in Part VI of Schedules I to XXV for that Area.

(3) No person shall have in the person's possession

(a) in the waters in which the person is engaged in sport fishing, more black crappie than the daily quota set out in paragraph 35(3)(a), or in any other place, more black crappie taken by sport fishing than that daily quota;

(b) in the waters in which the person is engaged in sport fishing, more yellow perch, or in any other place, more yellow perch taken by sport fishing, than the daily quota set out in paragraph 35(3)(b);

(c) in the waters in which the person is engaged in sport fishing, more smelt than the daily quota set out in paragraph 35(3)(c), (d) or (e);

(d) in any place other than a place referred to in paragraph (c), more smelt taken by sport fishing than the daily quota set out in paragraph 35(3)(c), unless the smelt were taken from the waters set out in paragraph 35(3)(e) and the total number of smelt does not exceed the daily quota set out in that paragraph; or

(e) in any waters referred to in subsection 45(2) in which the person is engaged in sport fishing, more whitefish than the applicable daily quota set out for those waters in that subsection. SOR/91-336, s. 3; SOR/98-218, s. 9; SOR/99-264, s. 21.

Length Limits

40. No person shall catch and retain, or have in the person's possession,

(a) a ouananiche less than

(i) 30 cm in length taken from Lake Memphrémagog, or

(ii) 40 cm in length taken from the hydrographic basin of Lake Saint-Jean including the "Petite Décharge" (48°32'N., 71°37'W.) and the "Grande Décharge" (48°36'N., 71°40'W.) located upstream from Highway 169;

(b) a muskellunge less than 104 cm in length taken from the St. Lawrence River, Lake Saint-François, Lake Saint-Louis, the Lachine Rapids, "de La Prairie" Basin, the des "Mille-Îles" River, the "des Prairies" River or "des Deux-Montagnes" Lake, from the portion of the Ottawa River situated in Area 8 or from the waters in Area 25;

(c) a lake trout 35 cm or more but not more than 50 cm in length taken from the waters set out in any of Schedules I to IX and XI, or from waters set out in any of Parts I to V of Schedules X, XII to XV and XVIII, unless the waters are within a wildlife reserve;

(d) a pickerel

(i) measuring less than 45 cm in length taken from the waters of the portion of the Nicolet Sud-Ouest River lying between the downstream side of the first bridge downstream of the lake Les Trois Lacs at Shipton and the downstream side of the bridge of Highway 255 at Wotton, including the lake Les Trois Lacs and the portion of the Nicolet Centre River lying between the mouth of the river and the downstream side of the bridge of Highway 216 at Wotton,

(ii) measuring less than 30 cm in length taken from the waters of the La Vérendrye Wildlife Sanctuary, the waters of the lands in the domain of the State designated and delineated by Order 493-98 of April 8, 1998, (1998) 130 (G.O.Q., 2, 2335), or the waters of Area 13 or 16, with the exception of the waters set out below, namely,

(A) the waters of Area 13 located on lands for which an exclusive fishing rights lease has been issued under section 86 of An Act respecting the Conservation and Development of Wildlife of Quebec (R.S.Q., c. C-61.1), except the waters located on those lands for which an exclusive fishing rights lease has been issued to the outfitter Camachigama as set out in Schedule 178 of Order 573-87 of April 8, 1987, (1987) 119 (G.O.Q., 2, 2376),

(B) the waters of Area 16 located on the lands for which an exclusive fishing rights lease has been issued to the outfitter Mistaouac as set out in Schedule 112 of Order 573-87 of April 8, 1987, (1987) 119 (G.O.Q., 2, 2376), as amended by Ministerial Order 2000-027 of August 30, 2000, (2000) 132 (G.O.Q., 2, 5847),

(C) the unnamed lakes located in Area 16 at coordinates 48°59'57"N. 75°00'33"W., 49°09'00"N. 76°08'50"W., 49°09'04"N. 76°22'41"W., 49°09'11"N. 76°32'54"W., 49°09'14"N. 76°35'15"W., 49°09'18"N. 75°42'44"W., 49°12'31"N. 74°56'31"W. and 49°12'35"N. 74°53'47"W.,

(D) Lake à l'Eau Rouge, Lake Fauvel, Lake Feuquières, Lake Hébert, Lake Mista Atikamekwranan, Lake Nelson, Lake Némégousse, Lake Podeur, Lake Robert, Lake Valreville (Chambalon Township) and Lake Ventadour, all located in Area 16, and

(E) the waters mentioned in clauses (iii)(A) to (E), or

(iii) measuring less than 35 cm in length taken from the waters set out below, namely,

(A) Jean-Peré Lake located in the La Vérendrye Wildlife Sanctuary (47°04'N., 76°38'W.),

(B) the waters of the Dumoine Z.E.C.,

(C) the waters of the Kipawa Z.E.C.,

(D) the waters of the Maganasipi Z.E.C.,

(E) the waters of the Restigo Z.E.C., and

(F) the waters of Lake Aylmer, Lake du Huit, Lake à la Truite (Thetford Township) and Lake Saint-François in Area 4, Brompton Lake in Area 6, Grand Lake Nominingue in Area 10, and the waters of the Boullé Z.E.C. in Area 15; or

(e) yellow perch measuring less than 16.5 cm in length taken from the waters of the St. Lawrence River or Lake Saint-Pierre lying between the downstream side of the power transmission lines of the Hydro-Québec hydroelectric power station located in Tracy and the downstream side of the Laviolette bridge. SOR/93-118, ss. 17, 22; SOR/94-139, s. 1; SOR/95-496, s. 13; SOR/97-203, s. 12; SOR/99-264, s. 22; SOR/2001-51, s. 14; SOR/2004-64, s. 5.

Salmon Registration

41. (1) Subject to subsections (2) to (4), every person who catches and retains an anadromous Atlantic salmon shall, within 48 hours after leaving the fishing area, come to a registration station, show the person's fishing licence and present the salmon, either whole or gutted, for registration. The person who caught and retained the fish shall allow the fish to be weighed and measured and a sample to be taken or an examination made for scientific purposes.

(2) If a self-registration procedure has been implemented at a registration station, the person who caught and retained the fish shall complete the appropriate form in accordance with the instructions given, sign the form and deposit it in the applicable location.

(3) If a procedure has been implemented permitting self-registration by telephone at a registration station, any person to whom the procedure is available shall provide the required information to the person authorized to take it.

(4) A person who catches and retains a salmon shall have it registered immediately, if requested to do so by a fishery officer. SOR/99-264, s. 23.

Burbot Fishing

42. (1) The holder of a licence set out in column I of item 3 of Part I of Schedule XXVII may fish for burbot, during the period beginning on December 1 and ending on April 15, using a maximum of 2 night lines each equipped with no more than 10 hooks, all resting continuously on the bottom, in the waters of Lake St. Jean and its tributaries located within the area surrounded by the section of Highway 169 which connects the municipalities of Dolbeau-Mistassini, Métabetchouan and Saint-Méthode and by the section of Highway 373 which connects the municipalities of Saint-Méthode and Dolbeau-Mistassini.

(2) A person referred to in subsection (1) shall affix a valid tag issued with their licence to the identification marker for each of the night lines being used. SOR/97-203, s. 13; SOR/2001-51, s. 15; SOR/2003-176, s. 12.

Smelt Fishing

43. (1) A person referred to in column I of an item of Schedule XXIX may fish for smelt in the waters set out in column II of that item using the gear set out in column III of that item, other than during the close time set out in column IV of that item. SOR/95-496, s. 14; SOR/99-264, s. 24.

(2) [Repealed, SOR/99-264, s. 24]

Whitefish

44. [Repealed, SOR/93-118, s. 18]

45. (1) Subject to subsection (2), the holder of a licence set out in column I of any of paragraphs 1(a) to (c) and (e) to (g) of Part I of Schedule XXVII may catch and retain whitefish using a lift net or landing net in the following waters during the following periods:

(a) that part of the Touladi River between the upstream side of à Mac Brook and Témiscouata Lake in Area 2, from the Monday preceding the day appointed as Thanksgiving Day for a period of 14 days; and

(b) that part of the Saint-François River between Aylmer Lake in Frontenac and Mégantic-Compton counties and the second bridge upstream, from October 25 to November 7.

(c) and (d) [Repealed, SOR/97-203, s. 14]

(2) No person who is fishing in accordance with subsection (1) shall catch and retain in any one day more than

(a) 72 whitefish from the Touladi River; and

(b) 10 whitefish from any waters set out in paragraph (1)(b). SOR/93-118, s. 19; SOR/97-203, s. 14; SOR/2003-176, s. 13.

(c) [Repealed, SOR/97-203, s. 14]

PART IV
COMMERCIAL FISHING

Application

46. (1) This Part applies in respect of commercial fishing. SOR/97-203, s. 15; SOR/99-264, s. 25; SOR/2003-176, s. 14.

(2) [Repealed, SOR/2003-176, s. 14]

Close Times and Fishing Quotas

47. No person shall engage in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII for fish of a species

(a) that may not be taken or transported under the conditions of the licence;

(b) in waters in which a person may not engage in fishing for that species under the conditions of the licence;

(c) during a period in which a person may not engage in fishing for that species under the conditions of the licence;

(d) during a period in which that species may not be transported under the conditions of the licence;

(e) with a type, quantity or size of fishing gear that may not be used to fish for that species under the conditions of the licence; and

(f) in a manner that may not be used to fish for that species under the conditions of the licence. SOR/2001-51, s. 16.

48. No person who is engaged in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII shall catch and retain fish of a species

(a) in a quantity greater than that which may be taken or transported in respect of that species under the conditions of the licence; and

(b) that, because of age, sex, stage of development, length or weight, may not be taken or transported under the conditions of the licence. SOR/2001-51, s. 16.

Identification of Fishing Gear

49. (1) No person who engages in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII may use a fishing vessel in any tidal waters, or fishing gear in any waters, unless a valid identification plate that was provided with the licence is affixed to the vessel or gear in the manner indicated in the licence.

(2) The Minister or the Société, as the case may be, shall issue the identification plates referred to in subsection (1), or a commercial fisher's identification certificate, upon payment of an annual fee of $10 per licence holder.

(3) For the purposes of subsection (1), an identification plate is valid if it has not been modified in any way.

(4) For the purposes of section 22, a commercial fisher's identification certificate is valid only if it has been signed by the licence holder and has not been modified in any way. SOR/93-118, s. 20; SOR/97-203, s. 16; SOR/99-264, s. 26; SOR/2001-51, s. 17.

50. (1) No person who is engaged in commercial fishing under the authority of a licence referred to in item 1 of Part II of Schedule XXVII may catch or retain any species of fish referred to in subsection 3(1) in the waters referred to in that subsection during the close time beginning on January 1 and ending on the last day of February.

(2) The close time referred to in subsection (1) is considered to be a separate close time for every species of fish referred to in subsection 3(1) found in the waters referred to in that subsection. SOR/2001-51, s. 18.

51. [Repealed, SOR/99-264, s. 27]

52. to 55. [Repealed, SOR/2001-51, s. 19]

Application

56. These Regulations shall apply according to their terms before they are published in the Canada Gazette.